Meeting Type: BCC Regular Meeting
Meeting Date: 11/7/2023
Item Status: New
From: Matthew Brown, Planning Director
Submitted by: Matthew Brown, Planning Director
ITEM TITLE
Title
Proposed Planning (Zoning) District 40 - Making Judge of Probate Order for Election Part of the Record
End
STAFF RECOMMENDATION
Recommendation
Make a part of the record the Order from Baldwin County Judge of Probate setting the date for the Planning (Zoning) District 40 election for January 9, 2024, to be held at:
Fishermen Baptist Church
17101 River Road
Bon Secour, Alabama 36511
End
BACKGROUND INFORMATION
Background: Citizen Narissa Nelson (residing at 6777 Bon Secour Highway, Bon Secour, Alabama 36511) has approached the Planning and Zoning staff seeking zoning for the Bon Secour community.
Ms. Nelson resides in Voting Precinct 37. It is not feasible to utilize the Voting Precinct 37 boundary as it currently exists, due to the fact that portions of the existing boundary are already zoned within Planning District 21 and Planning District 35.
However, on review, staff believes the unzoned balance of Voting Precinct 37 corresponds with a reasonable boundary for a new Planning and Zoning District 40.
A map showing the balance of Planning (Zoning) District 40 (green color area) is attached. The proposed new district would be bounded by Planning (Zoning) District 21 and Mobile Bay to the west; by Planning (Zoning) District 21, Planning (Zoning) District 35, and County Road 12 S to the north); by Planning (Zoning) District 35 and the Bon Secour River to the east and south.
The steps for exercising Planning and Zoning authority are found in Alabama Code §45-2-261 and the proceeding sections:
1) A party or parties seeking to file a petition shall notify the County Commission in writing that the parties will petition for the formation of a Planning District and the proposed boundaries of the district.
2) Within 15 days of notice to the County Commission, the Judge of Probate shall give a preliminary estimate of the number of signatures needed to call the election. Ten percent of the qualified electors residing within the proposed planning district will need to sign the petition. Planning and Zoning staff will notify the Judge of Probate.
3) The County Commission shall notify the principal party in writing, within 30 days of written notification of intent to request a referendum, that the proposed district is acceptable for planning, zoning and voting purposes, and shall furnish forms for use in seeking the required signatures.
4) The party or parties will have 120 days to gather the signatures and file the petition. Upon receipt, the County Commission and Judge of Probate will have 45 days to certify or reject the accuracy of the petition. If the number of signatures is not sufficient, the party or parties will have an additional 60 days in which to obtain signatures and have the petition certified.
5) Upon certification, the County Commission shall instruct the Judge of Probate to provide for an election within the district no later than 90 days after certification. If the petition is not certified, a new petition cannot be refiled for two years. (PURPOSE OF THIS AGENDA)
Based on information provided by the Probate Office and the Board of Registrars, there are approximately 1,714 qualified voters in proposed Planning District 40. As a result, 172 signatures (10 percent of the qualified electors) were needed for the petition. The petitioners had through Friday, September 29, 2023, to collect the required signatures.
On September 29, 2023, the parties seeking a zoning referendum submitted a petition. Of the signatures submitted, 176 or more have been verified by the Probate Office. On this basis, the petition is accepted and certified. Planning staff now respectfully requests the County Commission instruct the Judge of Probate to provide for an election, in Proposed Planning (Zoning) District 40, to be held no later than Monday, January 15, 2024.
Based on early information from the Probate Judge’s office, it is expected that the election will be scheduled for Tuesday, January 9, 2024.
Previous Commission action/date:
October 17, 2023, BCC Regular Meeting - Pursuant to Alabama Code §45-2-261.07, take the following actions: 1) Adopt Resolution #2024-032 which certifies the accuracy of the petition for the Proposed Planning (Zoning) District 40; and 2) Instruct the Judge of Probate to provide a Zoning Election for Proposed Planning (Zoning) District 40, to be held no later than January 15, 2024.
May 16, 2023, BCC Regular Meeting - Pursuant to Alabama Code §45-2-261.07, took the following actions: 1) Accept the notice of intent to request a referendum for Planning and Zoning purposes for the proposed Planning District to be known as Planning (Zoning) District 40 as the balance of the unzoned area in Voting Precinct 37; and 2) Accept the Planning (Zoning) District 40 boundaries subject to a subsequent affirmative referendum vote pursuant to Alabama Code §45-2-261.07.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Commission Administration Staff
Action required (list contact persons/addresses if documents are to be mailed or emailed): Make Judge of Probate’s Order part of the record.
Additional instructions/notes: Planning and Zoning Department - provide support as needed.